COPD decisions — 2023

The Board has remanded the cases for further development and consideration, including obtaining service personnel records and a VA medical opinion regarding whether the Veteran's terminal lung cancer is related to service.

The Veteran meets the schedular requirement for TDIU due to his service-connected COPD, which renders him unable to follow a substantially gainful occupation. The decision is granted from May 29, 2011.

The Board has determined that the Veteran's pulmonary emphysema and COPD were not incurred during service or related to any in-service injury, exposure, or disease. The evidence does not support a finding of service connection under either presumptive service connection for herbicide agent exposure or direct service connection.

The Board has remanded the claims for service connection for scars, status post surgery for lung cancer and COPD. The VA Regional Office needs to obtain a medical examination and provide further development.

The Veteran's claims for service connection for COPD, ED, and lupus are being remanded due to the need for a VA examination. The RO will consider the additional evidence submitted by the Veteran.

The Veteran's claim for service connection for acquired psychiatric disorder, diagnosed as depressive disorder, secondary to his service-connected residuals of brain contusion/TBI and COPD is granted. The issues of entitlement to higher disability ratings for residuals of brain contusion/TBI and COPD, and the reduction in COPD rating are remanded.

The Board has determined that the Veteran's lung disability, including COPD, asbestosis, and pleurisy, is related to his asbestos exposure during service. As a result, service connection for these conditions is granted.

The Veteran's death in June 2007 was caused by multiple injuries, with hypertension contributing substantially to the cause of his death. The Board granted DIC benefits based on service connection for the cause of the Veteran's death due to presumed herbicide exposure during service.

The Veteran's claim for service connection for coronary artery disease has been granted, as new and material evidence was received.,The Veteran's claim for service connection for major depressive disorder has also been granted, with the condition being related to service.

The Board denied service connection for the cause of the Veteran's death, finding that COPD was not caused by herbicide exposure and IHD and Diabetes Mellitus, Type II did not contribute to his death. The Board found no evidence supporting these claims.

The Veteran's hearing loss claim is denied as the weight of evidence does not support a finding that his current hearing loss disability was caused by in-service noise exposure.,Tinnitus has been granted service connection based on continuity of symptomatology since active service.

The Veteran's bilateral hearing loss is rated at 30 percent prior to October 19, 2022, and at 40 percent thereafter. The Board has denied a higher rating for the Veteran's bilateral hearing loss.,The issues of service connection for left knee disability, right knee disability, bronchial asthma, and COPD are remanded due to insufficient development regarding the Veteran's exposure history and medical opinions.,TDIU prior to December 9, 2020 is remanded as it may be impacted by the outcome of the other service connection claims.

The Board denied the Veteran's claim for service connection for his cause of death, finding insufficient evidence to establish full-body exposure to mustard gas during service and no medical link between the Veteran's causes of death and mustard gas exposure.

Service connection for COPD is granted on a presumptive basis due to exposure to burn pits and other toxins during service in Southwest Asia theater of operations, as recognized by the PACT Act. The claim for service connection prior to August 10, 2022 remains pending.

The Board has determined that the Veteran's left ear hearing loss and respiratory condition, including COPD due to asbestos exposure, are related to service. The VA examinations provided were inadequate and further development is needed.

The Board denied the Veteran's claims for service connection for COPD due to exposure to herbicide agents and as secondary to his service-connected sinusitis, finding that there was no evidence linking COPD to service or service-connected conditions.

The Board denied the Veteran's requests for earlier effective dates of service connection for atherosclerotic cardiovascular disease (heart disease) and lung cancer, finding that no applicable law or regulation allows for such an adjustment.

The Veteran's claims of service connection for COPD, lumbar spine disability, left arm numbness, right arm numbness, and chest pain have been dismissed as there are no remaining questions of fact or law to be decided.

The Board has remanded the Veteran's claims for respiratory disability, right knee disability, and left knee disability due to incomplete personnel records and STRs. The AOJ is tasked with obtaining all available service records and confirming the periods of active duty, ROTC, ACDUTRA, and INACDUTRA. Additionally, a VA examination is needed to determine if the Veteran's respiratory conditions are related to his military service.

The Board has decided to remand the case due to inadequate development of evidence, specifically regarding pleural effusion and its relationship to service-connected conditions. The Veteran's representative requested additional testing (DLCO) and asked for clarification on previous addendum opinions.